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Critical Desk

Glossary

ARV
After-repair value: estimated value once planned work is complete.
Business-purpose loan
A loan made primarily for business or investment purposes rather than personal, family or household use.
Certification of trust
Short signed summary of a trust's key facts, used instead of the full trust (Prob. Code §18100.5).
Credit bid
A bid by the lender of the amount owed instead of cash at the trustee's sale.
Exit strategy
How a short-term loan gets repaid: usually a sale or a refinance.
IAEA
Independent Administration of Estates Act: lets a personal representative act with less court supervision.
Letters of administration / testamentary
The court document showing who the personal representative is.
LTC
Loan-to-cost: loan amount divided by total project cost (purchase plus rehab).
LTV
Loan-to-value: loan amount divided by the property's value.
Notice of Default (NOD)
The recorded notice that formally starts a California nonjudicial foreclosure (Civ. Code §2924).
Notice of Proposed Action
The notice a personal representative with IAEA authority gives before certain actions, such as a sale.
Notice of Trustee's Sale (NOTS)
Notice of the sale date, recorded no sooner than three months after the NOD and given at least 20 days before the sale.
Payoff demand
The beneficiary's written statement of the full amount needed to pay off a loan (Civ. Code §2943).
Petition to Determine Succession
Court petition that, after AB 2016, can transfer a primary residence up to $750,000 without full probate.
Reinstatement
Paying past-due amounts and allowed costs to cure a default; generally available until five business days before the sale.
Trustee's sale
The public auction that ends a nonjudicial foreclosure.